Chapter 6.04
GARBAGE AND REFUSE*
Sections:
Article I. Collection – Recycling
6.04.010 Solid waste – General.
6.04.020 Collection solely by collector of refuse.
6.04.030 Solid waste contractor/city responsibilities.
6.04.040 Property owner responsibility.
6.04.060 Payment of charges, lien for nonpayment.
Article II. Rubbish
6.04.090 Burning or dumping – Generally.
6.04.100 Burning rubbish on private property.
6.04.110 Penalty for refusal to remove rubbish.
6.04.120 Penalty for violation.
* City clerk authorized to combine garbage, water and sewer service charges into one billing, see Ordinance 771.
Article I. Collection – Recycling
6.04.010 Solid waste – General.
The collection, removal and disposal of solid waste within the city shall be compulsory and universal. The maintenance of the public health, safety, sanitation and aesthetics requires that all generators of solid waste in the city of Port Orchard accept, arrange for, and pay for solid waste collection and disposal services established by the city. Said mandatory service includes the collection of general mixed solid wastes as well as payment for the city’s residential curbside recycling collection program. (Ord. 1725 § 2, 1998).
6.04.020 Collection solely by collector of refuse.
The city shall contract with a solid waste hauler, certified by the Washington Utilities and Transportation Commission, who will be responsible for the collection, removal and disposal of solid waste within the city. (Ord. 1725 § 3, 1998).
6.04.030 Solid waste contractor/city responsibilities.
(1) At a minimum, the contract between the contract hauler and the city shall provide for the following responsibilities of the contract hauler:
(a) Frequency of collection;
(b) Collection containers and standards of cleanliness;
(c) Rates of collection and disposal;
(d) Limitation(s) on collection services;
(e) Contract hauler’s customer service responsibilities;
(f) Contract hauler’s notification to city of WUTC tariff filings;
(g) Contract hauler’s reporting requirements; and
(h) Appeal procedures for customer complaints.
(2) The city shall require the contract hauler to provide all containers for residential and non-residential customers within the city. The individual customer shall not have solid waste collected in a container other than that provided by the contract hauler; except for the use of appropriate plastic bags on an occasional basis or a container approved by the city and the hauler.
(3) The contract hauler shall leave all pickup areas in a clean and sanitary condition and shall not permit any solid waste or other materials dropped from the trucks or disposal containers to remain on the ground. (Ord. 1725 § 4, 1998).
6.04.040 Property owner responsibility.
(1) At a minimum, the property owner and/or resident responsibilities shall include:
(a) Property owners shall keep the pickup area and refuse containers in a sanitary condition with the outside thereof clean and free from accumulating grease, decomposing materials and/or litter.
(b) No garbage can shall be overloaded with earth, rocks, or heavy refuse beyond the point where one pickup person can lift the can to the pickup truck, and in no event will it be overloaded so that the total weight exceeds 65 pounds. In the event any loaded garbage can weighs over 65 pounds, the customer may be charged for additional containers to the extent of the overweight.
(c) Refuse receptacles may be placed along the public sidewalk or shoulder of the roadway for pickup. Such placement shall be in such a manner that pedestrian traffic will not be impeded and the receptacles shall be removed from the designated pickup area within 24 hours of pickup.
(d) Refuse receptacles shall not be stored within 10 feet of the edge of pavement, if there is not a sidewalk, or 10 feet within the outside edge of the sidewalk, unless the refuse receptacle is within a screened enclosure. (Ord. 017-23 § 1 (Exh. A); Ord. 1725 § 5, 1998).
6.04.050 Recycling – General.
(1) The city shall maintain a recycling program for both residential and nonresidential customers. Participation in the recycling program in voluntary. The fee for recycling shall be mandatory for residential customers regardless of participation in the program.
(2) At a minimum, the contract between the contract hauler and the city shall provide for the following responsibilities of the contract hauler:
(a) Frequency of collection;
(b) List of specific recyclable materials to be collected;
(c) Collection containers and standards of cleanliness;
(d) Rates of collection and disposal;
(e) Limitation(s) on collection services;
(f) Contract hauler’s customer service responsibilities; and
(g) Appeal procedures for customer complaints.
(3) The city shall require the contract hauler to provide all containers for residential and nonresidential customers within the city.
(4) The contract hauler shall have title to all recyclable materials collected by the contract hauler. No person other than the originating customer or contract hauler shall retrieve material from the containers. (Ord. 1725 § 6, 1998).
6.04.060 Payment of charges, lien for nonpayment.
(1) Every property owner and every occupant of each premises to which solid waste and/or recyclable materials collection and disposal services are rendered shall be responsible for and shall pay, without delinquency, the charges for such services as billed by the contract hauler.
(2) The contract hauler shall be responsible for the billing and collection of such charges, and shall have all rights and remedies upon delinquency, including, but not limited to, lien rights, as provided by law or this chapter.
(3) The contract hauler shall mail service billings to the person or occupant in possession of the premises to which the services are rendered, unless special billing instructions are received from the property owner.
(4) The property owner and/or occupant of each premises to which solid waste and/or recyclable materials collection and disposal services are rendered shall pay the charges therefor to the contract hauler at its office not later than 30 days after the billing therefor is mailed, and in the event said charges are not so paid, the charges shall be deemed delinquent. Interest shall accrue upon delinquent charges at the rate of $0.50 or one percent per month, whichever is greater, until paid in full.
(5) In addition to any other remedy provided by law, in the event of delinquency, pursuant to RCW 35A.60.010 and 35.21.130(2) the amount of any such charge or charges shall become a lien against the property for which the solid waste and/or recyclable materials collection and disposal services are rendered. A notice of such lien shall specify the charges, the period covered by the charges and set forth the legal description of the premises sought to be charged, and the notice of lien shall be filed with the county auditor within the time required and shall be foreclosed in the manner and within the time prescribed for liens for labor and material.
(6) The lien for solid waste and/or recyclable materials collection and disposal charges shall be prior to all liens and encumbrances filed subsequent to the filing of the notice of it with the county auditor, except the lien of general taxes and local improvement assessments whether levied prior or subsequent thereto. (Ord. 049-17 § 1; Ord. 1725 § 7, 1998).
6.04.070 Appeal.
Customers within the city shall have a right of appeal when a dispute arises with the contract hauler. The appeal procedures shall be defined in the contract between the contract hauler and the city. (Ord. 1725 § 8, 1998).
6.04.080 Penalties.
Any person in violation of any provision within this article shall be guilty of a civil infraction and shall be punished by a fine not to exceed $500.00. Each day’s violation constitutes a separate offense. (Ord. 1725 § 9, 1998).
Article II. Rubbish
6.04.090 Burning or dumping – Generally.
It is unlawful for any person to burn, dump, collect or in any other manner dispose of refuse upon any street, alley, public place or private property within the city otherwise than as provided in this chapter. (Ord. 1711 § 1, 1998).
6.04.100 Burning rubbish on private property.
Only the burning of natural vegetation shall be permitted and shall require a permit to burn from the fire authority. (Ord. 1711 § 2, 1998).
6.04.110 Penalty for refusal to remove rubbish.
Any person who fails, neglects or refuses to remove any refuse from any premises owned, occupied or controlled by such person, either as owner, occupant, tenant or agent, or upon any street, avenue, alley, highway or public place abutting such premises, within seven calendar days after having been notified in writing to do so by the city building official, or any police officer of the city, shall be guilty of a misdemeanor. (Ord. 017-23 § 2 (Exh. A); Ord. 1711 § 3, 1998).
6.04.120 Penalty for violation.
Any person violating or failing to comply with any of the provisions of this article shall be deemed guilty of a misdemeanor. (Ord. 1711 § 4, 1998).